When you are charged with Operating Under the Influence (OUI) in Maine, the first hearing is usually at the Bureau of Motor Vehicles (BMV), where they try to suspend your license. The case against you does not need to be proven beyond a reasonable doubt to suspend your license, so defending these hearings can be difficult.
Last week, ZLF Associate Attorney Stephen Sweatt defended our client's license at the BMV. Attorney Sweatt found that the police officer violated the 15 minute wait period of the intoxilyzer machine, which measures your blood alcohol.
At the BMV hearing, Attorney Sweatt put the police officer got on the stand. The police officer testified that he performed the fifteen minute wait period prior to giving our client the intoxilyzer test. The officer also claimed that at the end of the 15 minute wait period he checked our client's mouth for obstructions, cuts, and so on. Our client registered a .17 blood alcohol volume.
As a result of the error by the police in failing to check the client's mouth prior to the 15 minute wait period, Attorney Sweatt was able to get the case against our client dropped. Congratulations to both Stephen and our client!